"The remedy of the auction purchaser seeking refund of the EMD or the amount deposited, is to approach the DRT under Section 17 of the SARFAESI Act
read more
"The provision does not contemplate that the period for filing the charge sheet is to be determined merely with reference to the sections expressly mentioned
read more
"Existence of employer-employee relationship is a basic jurisdictional fact. Non-existence of the relationship would disentitle the claimant from obtaining compensation under the Employees’ Compensation Act."
read more
"So far as additional amount of compensation by way of penalty imposed on the insured employer by the Workmen’s Commissioner under Section 4-A(3)(b) is concerned,
read more
"Equities can be balanced by denying the appellants' interest for the period for which they did not approach the court." Bombay High Court, in a significant
read more
"The procedural law is meant for advancement of justice. The parties should be given opportunity to plead and prove their cases, so that the matter could
read more
"The learned Labour Court has rightly dealt with all the arguments raised by the parties and concluded that once the learned Central Administrative Tribunal had
read more
"In a case where the demarcation or identification of the disputed land or passage is warranted due to rival allegations of encroachment, it is fully
read more
"In Indian law, the statutory framework governing child custody and guardianship does not recognise the concept of joint parenting. There is no compelling equal parenting, and the
read more
"The District Collector or Joint Collector... possesses explicit, overlapping, yet legally distinct statutory powers when enforcing the Assigned Lands (Prohibition of Transfers) Act and the
read more
"The slogan 'Gushtakh-e-Nabi Ke Ek Hi Saja, Sar Tan Se Juda' is nothing but a challenge to the authority of law as also to the sovereignty
read more
"The judicial service is not service in the sense of 'employment'. The Judges are not employees. As members of the judiciary, they exercise the sovereign
read more
"The mere assertion of violation of the principles of natural justice, where the existence and effect of the alleged procedural violation depend upon disputed questions
read more
"The correctness or otherwise of the allegations made in the complaint cannot be examined on the touchstone of the probable defence that the accused may
read more
"The applicant must satisfy the court that he was prevented by a cause beyond his control from prosecuting the proceeding within time; a mechanical or unreasoned
read more
"The High Court should not act as a Court of appeal and reappraise the material/evidence and embarked on a path by substitution in its own view."
read more
"Once arrest is vitiated, the subsequent remand of such person stands vitiated. In such situation, the only inevitable consequence is to grant bail to the
read more
"In the garb of exercising supervisory jurisdiction under Article 227 of the Constitution, the High Court is not expected to engulf the specific statutory remedy
read more
"A review petition cannot be utilized to introduce a new factual foundation and thereby reopen the substantive rights that have already stood concluded. The jurisdiction of
read more
"In view of the aforesaid development, the requirement of obtaining the probate of a Will before claiming right under a Will is not mandated in
read more
"The judicial service is not service in the sense of 'employment'. The Judges are not employees. As members of the judiciary, they exercise the sovereign
read more
"The absence of an absolute right to obtain a favourable administrative decision cannot be equated with the absence of a right to fair, reasonable, non-arbitrary
read more
"The doctrine of adverse possession does not reward longevity of occupation alone. It protects only such possession as is accompanied by a conscious and hostile
read more
"The evidentiary value of a revenue entry cannot be stretched beyond the purpose for which it is maintained. In the absence of independent evidence establishing
read more
"The right to life under Article 21 encompasses the right to health. When the Constitution guarantees this right, it casts a corresponding duty on the
read more
"The assurance fixes the outer limit of imprisonment and it does not permit periods of custody to be counted twice or otherwise contrary to the
read more
"The object of the Code is to ensure that an accused person gets a full and fair trial along certain well-established and well-understood lines that
read more
"The proposition that an order of compulsory retirement in public interest is non-punitive does not elevate itself into a mantra which, by its mere invocation,
read more
"The mere release of the escrow does not create an automatic statutory bar to proceedings under the PFUTP Regulations because the release of the escrow is
read more
"The reconstituted firm has no right whatsoever to utilize the assets of the dissolved firm unless all the partners of the dissolved firm reach an
read more
"The period of limitation of two years would commence from the date on which the electricity charges became 'first due' under sub-section (2) of Section
read more
Supreme Court of India, in a landmark ruling, acquitted all seven accused in Vijay Singh @ Vijay K. Sharma v. State of Bihar, overturning the Patna
read more
Supreme Court of India, in Kailashben Mahendrabhai Patel & Ors. v. State of Maharashtra & Anr., quashed an FIR and chargesheet under Sections 498A, 323, 504,
read more
Throttling Suspected – Intent to Kill Can Be Inferred Despite Minor Injuries, Holds Supreme Court. Supreme Court of India delivered a notable judgment in Shoyeb Raja
read more
Supreme Court of India, in the case of P. Srinivasan v. Peta Venkamma alias Peta Venkatamma & Ors., addressed significant procedural lapses in the investigation of
read more
"In view of the circumstances noticed above, particularly the manner in which the proceedings were pursued and the absence of bona fide on the
read more
"The object and scheme of the various provisions of the Code appear to be that where the property which has been the subject-matter of an
read more
"Not processing the applications in time, virtually amounts to imposing an unwritten ban, which is impermissible in law." Supreme Court, in a significant ruling dated September
read more
"The calculation of functional disability depends on assessing the victim’s earning capacity in the open, competitive market, rather than on retention in a specific, highly
read more
"The statutory framework in which regulators are constituted, their duties and the functions as well as the necessity to ensure that they work effectively and efficiently
read more
"The remedy of the auction purchaser seeking refund of the EMD or the amount deposited, is to approach the DRT under Section 17 of the SARFAESI Act
read more
"The provision does not contemplate that the period for filing the charge sheet is to be determined merely with reference to the sections expressly mentioned
read more
"Existence of employer-employee relationship is a basic jurisdictional fact. Non-existence of the relationship would disentitle the claimant from obtaining compensation under the Employees’ Compensation Act."
read more
"So far as additional amount of compensation by way of penalty imposed on the insured employer by the Workmen’s Commissioner under Section 4-A(3)(b) is concerned,
read more
"Equities can be balanced by denying the appellants' interest for the period for which they did not approach the court." Bombay High Court, in a significant
read more
"The procedural law is meant for advancement of justice. The parties should be given opportunity to plead and prove their cases, so that the matter could
read more
"The learned Labour Court has rightly dealt with all the arguments raised by the parties and concluded that once the learned Central Administrative Tribunal had
read more
"In a case where the demarcation or identification of the disputed land or passage is warranted due to rival allegations of encroachment, it is fully
read more
"In Indian law, the statutory framework governing child custody and guardianship does not recognise the concept of joint parenting. There is no compelling equal parenting, and the
read more
"The District Collector or Joint Collector... possesses explicit, overlapping, yet legally distinct statutory powers when enforcing the Assigned Lands (Prohibition of Transfers) Act and the
read more
"The slogan 'Gushtakh-e-Nabi Ke Ek Hi Saja, Sar Tan Se Juda' is nothing but a challenge to the authority of law as also to the sovereignty
read more
"The mere assertion of violation of the principles of natural justice, where the existence and effect of the alleged procedural violation depend upon disputed questions
read more
"The correctness or otherwise of the allegations made in the complaint cannot be examined on the touchstone of the probable defence that the accused may
read more
"The applicant must satisfy the court that he was prevented by a cause beyond his control from prosecuting the proceeding within time; a mechanical or unreasoned
read more
"The High Court should not act as a Court of appeal and reappraise the material/evidence and embarked on a path by substitution in its own view."
read more
"Once arrest is vitiated, the subsequent remand of such person stands vitiated. In such situation, the only inevitable consequence is to grant bail to the
read more
"In the garb of exercising supervisory jurisdiction under Article 227 of the Constitution, the High Court is not expected to engulf the specific statutory remedy
read more
"A review petition cannot be utilized to introduce a new factual foundation and thereby reopen the substantive rights that have already stood concluded. The jurisdiction of
read more
"In view of the aforesaid development, the requirement of obtaining the probate of a Will before claiming right under a Will is not mandated in
read more
"The explanation offered is, therefore, not merely required to account for the time taken in obtaining the copy of the order after February 2024, it
read more
The Juvenile Justice system in India has evolved significantly over the years, reflecting the changing societal values and international commitments towards the rights of children. The Juvenile
read more
Cross-examination is a critical component of the adversarial legal system, particularly in India, where it serves as a powerful tool for truth discovery. The process allows the
read more
In the Indian legal system, judgments play a crucial role in shaping jurisprudence and guiding future cases. These judgments can be classified into two primary categories: reportable and non-reportable.
read more
The introduction of "The Bharatiya Sakshya Adhiniyam, 2023", "The Bharatiya Nyaya Sanhita, 2023", and "The Bharatiya Nagrik Suraksha Sanhita, 2023" marks a significant milestone in the Indian legal framework,
read more